Page:United States Statutes at Large Volume 41 Part 1.djvu/810

 SIXTY-SIXTH CONGRESS. Sess. II. Ch. 227. 1920. 789 Am-. 10. Sumurzr counrs-MauruL.—The commanding officer $$<{,{_u‘g§=· of a garrison, fort, camp? or other place where troo are on duty, and the commanding 0 cer of a regiment, detachedm battalion, detached company, or other detachment may a point summary courtsmartial; but such summary courts-martialp may in an case be pppointed b superior authority when by the latter deemedy desirable: rwided, Tiiat when but one officer is resent with a command he §,'Y'§*§Z;m,,,0",,m. shall be the summar_5;)ooi1rt.-martial of tli)at command and shall hear mmf and determine cases rought before him. _ Am. 11. A.vr·om·mm~z·r or rarer. mmm snvocsms nm com- c,.i‘.§“.l,,.l$.‘.§’.,;‘.‘1S.,{E‘*"" sr:L.——For each general or special court-martial the authority appoint- m;;f;,°d3°· P· °-‘*2» ing the court shall aplpoint a trial judge advocate and adefense counsel, ` and for each (genera court-martial one or more assistant trial judge advocates an one or more assistant defense counsel when necessary: Provided ho»we·ver, That no officer who has acted as member, trial §Q§'fi.`-}'._Z5.,., mo,. judge advocate, assistant trial judge advocate, defense counsel, or '°"i°"i”8°““'°'“Y· assistant defense counsel in any case shall subsequently act as staff judge advocate to the reviewing or confirming authority upon the same case. c. IUKISDICTION. ""‘“°‘°"°"· Arrr. 12. Gmmnsr. comers-uArz·rjrAL.—General courts-martial shall G°°°”l °°°""‘ havekpower to try any person subject to_mr1itary law for any crime or o ense made punishable by these articles, and any other person who by the law of war is subljgct to trial bginrilitary tribunals: Pmim Provhled, That no officer shall brought to al before a Lg;-plieral ruiaai·y` Assam,. court-martial appointed by the Superintendent of the ' `tary '°S”"°“°‘”· Academy: Provulgd further, That the 0Ecer competent to appoint  ¤1»· a general court-martial for the trial of any particular case may, mixer. ie, p. 'esz, when in his ju@ent the interest of the service shall so require, *“”°’“‘°‘*· cause any case to be tried by a special court—martial notwithstanding the limitations upon the jurisdiction of the special court-martial as to offenses set out in article 13_; but the limitations upon jurisdiction as L""“"“°”“· tobspersépdns and upon punishing power set out in said article shall be o erv. . Ani-. 13. Srncrzu. courrrs-mA1rrraL.—Special courts-martial shiill Sp°°'°] °°°”` have ower to try anly person subjpct to military law for any crime _ or offgnse not capita made pimxs able by these articles: Promkled, §§°c'f,'g’,'i;.,.,$ That the President may, by regulations, except from the jurisdiction of special courts-martial any class or classes of persons subject to military law. _ t u_ t_ Special courts-martial shall not have (power to adjudge confine- ,d__ °" °°° ’? ment in excess of SIX months, ¤01‘ to adjudge forfeiture of more than 8,;;j};m":"· ¥’· ****2- two-thirds pay per month for it period of not exceeding six months. S mm Arrr. 14. Smmsnr oomrrs-MAnrrAr,.——Summary courts-martial Y ‘ shall have power to try any person subject to military law, except an officer, a member of the Army Niuse Corps a warrant officer, an lgrnry Held clerk, a field clerk Quartermaster  a cadet, or a soldier holding the privileges of a certificate of eligr   to promotion, for any crime or offense not capital made pumshab e by these articles: Imycided, That noncomrrussioned officers shall not, if the object §'§’,Z',§,$$;.mi,,;0,.d thereto, be brought to trial before a summary court-martialywithout °m°°¤ the authority of the officer coxpetent to bring them to trial before a general court·mart1al: Prmnd_ further, That the President may, bi E‘°°P"“°‘ regulations, except from the jurisdiction of summary courts-marti ang class or classes of persons subject to military law. Pmshm t U., ummary courts—mart1al shall not have power to adjudge con- er. m M K ` iinement in excess of one month, restriction to limits for more than ,,,§Q°,{;,,{f°· *’· °52· three months, or forfeiture or detention of more than two-thirds of one months pay.